A.
Appeals to the Board of Adjustment may be taken by any
person aggrieved or by any officer, department, board or bureau of the municipality
affected by any decision of the administrative officer. Each appeal shall
be taken within the 65 days prescribed by the statute by filing a notice of
appeal with the officer from whom the appeal was taken on the forms required
and provided by said Board, if any, together with seven copies thereof of
said notice with the Secretary of the Board of Adjustment. Said copies of
the appeal shall specify the grounds for said appeal. The officer from whom
the appeal is taken shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
B.
Applications addressed to the original jurisdiction of
the Board of Adjustment without prior application to an administrative officer
shall be filed with the Secretary of the Zoning Board of Adjustment. Seven
copies of the application shall be filed. At the time of filing the appeal
or application, but in no event less than 10 days prior to the date set for
the hearing, the applicant shall also file all plot plans, maps or other papers
required by virtue of any provision of this chapter or any rule of the Board
of Adjustment. The applicant shall obtain all necessary forms from the Secretary
of the Zoning Board of Adjustment. The Secretary of the Board shall inform
the applicant of the steps to be taken to initiate proceedings and of the
regular meeting dates of the Board.
C.
An appeal stays all proceedings in furtherance of the
action in respect to which the decision appealed from was made, unless the
officer from whom the appeal is taken certifies to the Board of Adjustment
after the notice of appeal shall have been filed with him that, by reason
of facts stated in the certificate, a stay would, in his opinion, cause imminent
peril to life or property. In such cases, proceedings shall not be stayed
otherwise than by a restraining order, which may be granted by the Board of
Adjustment or by the Superior Court of New Jersey on application or notice
to the officer from whom the appeal is taken and on due cause shown.
In exercising the above-mentioned power, the Board of Adjustment may,
in conformity with the provision of P.L. 1975, c. 291, or amendments thereto
or subsequent statutes applying, reverse or affirm, wholly or partly, or may
modify the order, requirement, decision or determination as ought to be made
and, to that end, have all the powers of the administrative officer from whom
the appeal was taken.
Any variance from the terms of this chapter hereafter granted by the
Board of Adjustment permitting the erection or alteration of any structure
or structures or permitting a specified use of any premises shall expire by
limitation unless such construction or alteration shall have been actually
commenced on each and every structure permitted by said variance or unless
such permitted use has actually been commenced within one year from the date
of entry of the judgment or determination of the Board of Adjustment; except,
however, that the running of the period of limitation herein provided shall
be tolled from the date of filing an appeal from the decision of the Board
of Adjustment to the governing body or to a court of competent jurisdiction
until the termination in any manner of such appeal or proceeding.
A.
Rules. The Zoning Board of Adjustment may make rules
governing the conduct of hearings before such Board, which rules shall not
be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq., or of this
chapter.[1]
B.
Oaths. The officer presiding at the hearing or such person
as he may designate shall have the power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant evidence,
including witnesses and documents presented by the parties; and the provisions
of the County and Municipal Investigations Law, P.L. 1953, c.38 (N.J.S.A.
2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating to
an application for development shall be taken under oath or affirmation by
the presiding officer, and the right of cross-examination shall be permitted
to all interested parties through their attorney, if represented, or directly,
if not represented, subject to the discretion of the presiding officer and
to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable
to the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
Whenever a hearing is required on an application for development pursuant
to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:
A.
Public notice shall be given by publication in the official
newspaper of the municipality at least 10 days prior to the date of the hearing.
B.
Notice shall be given to the owners of all real property,
as shown on the current tax duplicate or duplicates, located within 200 feet
in all directions of the property which is the subject of such hearing and
whether located within or without the municipality in which the applicant's
land is located. Such notice shall be given by serving a copy thereof on the
owner as shown on the current tax duplicate or his agent in charge of the
property or by mailing a copy thereof by certified mail to the property owner
at his address as shown on said current tax duplicate. A return receipt is
not required. Notice to a corporate owner may be made by service upon its
president, vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to a partnership
owner may be made by service upon any partner.
C.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road, shown on
the Official County Map or on the County Master Plan, adjoining other county
land or situate within 200 feet of a municipal boundary.
E.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning in the
Department of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice shall
include a copy of any maps or documents required to be on file with the Municipal
Clerk pursuant to N.J.S.A. 40:55D-10b.
G.
All notices hereinabove specified in this section shall
be given at least 10 days prior to the date fixed for the hearing, and the
applicant shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
H.
Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place of the hearing;
the nature of the matters to be considered; the identification of the property
proposed for development by street address, if any, or by reference to lot
and block numbers as shown on the current tax duplicate in the Municipal Tax
Assessor's office; and the location and times at which any maps and documents
for which approval is sought are available as required by law.
[Amended 3-8-1979 by Ord. No. 3-1979]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Municipal Tax Collector shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 66-18B of this chapter.
A.
Each decision on any application for development shall
be set forth, in writing, as a resolution of the Board, which resolution shall
include findings of fact and legal conclusions based thereon.
B.
A copy of the decision shall be mailed by the Board within
10 days of the date of decision to the applicant or, if represented, then
to the attorney, without separate charge. A copy of the decision shall also
be mailed to all persons who have requested it and who have paid the fee prescribed
for such service. A copy of the decision shall also be filed in the office
of the Municipal Clerk who shall make a copy of such filed decision available
to any interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the municipality.
C.
Time limit for decision.
(1)
The Board of Adjustment shall render its decision not
later than 120 days after the date an appeal is taken from the decision of
an administrative officer or the submission of a complete application for
development to the Board pursuant to the provision of N.J.S.A. 40:55D-72b.[1]
(2)
Failure of the Board to render a decision within such
one-hundred-twenty-day period or within such further time as may be consented
to by the applicant shall constitute a decision favorable to the applicant.
D.
Publication of decisions. A brief notice of every final
decision shall be published in the official newspaper of the municipality.
Such publication shall be arranged by the Secretary of the Zoning Board of
Adjustment at the expense of the applicant. Said notice shall be sent to the
official newspaper for publication within 10 days of the date of any such
decision.[2]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65,
every application for development submitted to the Zoning Board of Adjustment
shall be accompanied by proof that no taxes or assessments for local improvements
are due or delinquent on the property which is the subject of such application;
or, if it is shown that taxes or assessments are delinquent on said property,
any approvals or other relief granted by the Board shall be conditioned upon
either the prompt payment of such taxes or assessments or the making of adequate
provisions for the payment thereof in such manner that the municipality will
be adequately protected.
